Unresolved Disputes Research Articles

Clinical nurses’ legal roles, challenges, and responses to enabling legislation in China: a qualitative study

BackgroundWith the surge in China’s registered nurse population, defining their rights and responsibilities is crucial for ensuring the quality of medical services. However, challenges such as unresolved medical disputes and unclear duties persist due to the inadequacy and lack of transparency in current nursing laws and policies. This study evaluated nurses’ legal awareness, legislative needs, and views on laws and policies affecting their practice, providing insights for future improvements in nursing legislation.MethodsThis study employed a descriptive qualitative approach, utilizing purposive sampling to select 16 nurses for in-depth exploration of their experiences. Semi-structured interviews were conducted between December 2023 and March 2024. Data analysis was performed using directed content analysis.ResultsA total of 16 nurses with various positions and titles were interviewed. The analysis revealed three main themes and nine sub-themes, focusing on existing issues in the nursing environment, legal training needs, and attitudes towards legislative empowerment.ConclusionsIn China, there is a gap in legal knowledge and training among nurses. Enhancing their legal literacy is crucial for elevating their professional status and the quality of their work. Our findings underscore strong support for the enactment of the Nurse Act with a focus on practice conditions, rights protection, and career development. National authorities and experts must expedite this legislation to safeguard the rights of nurses, bolster their professional confidence.

The Essence of the Ex aequo et bono Method and the Rules of its Application for the Resolution of International Disputes

One of the most important functions of law is the resolution of disputes. However, legal means of dispute resolution, such as judicial settlement and arbitration, are often not chosen by the parties involved in international disputes. This can be explained by several reasons. In legal doctrine, it is a common view that parties avoid legal means due to the binding nature of the decisions rendered, yet this is far from the only reason why parties refuse these methods. In particular, one of the main reasons they avoid legal means is the uncertainty regarding whether the decision based on law will be equitable. There are many grounds for this, as legal norms contained in international legal documents, adopted several decades ago, may not correspond to modern realities. Therefore, the application of such norms can quite reasonably raise concerns among the parties about the potential for an inequitable decision based on them. In such cases, the method of ex aequo et bono may prove to be a practical tool for excluding the possibility of an inequitable decision based on legal norms. Contrary to popular misconception, the use of the ex aequo et bono method does not imply a complete rejection of legal norms. When applying this method, basic legal norms are often used to provide a legal foundation for decisions and to enhance their overall objectivity. However, in the application of the method ex aequo et bono, those legal norms that may lead to an inequitable decision are not applied. In this case, an equitable decision is often determined based on an analysis of the goals and principles of legal documents regulating the relevant issues, including an analysis of the document containing the legal norm whose application could have led to an inequitable decision. Thus, the ex aequo et bono method is a rather flexible peaceful means, combining valuable features of both equity and law. There is a deficit of information regarding the ex aequo et bono method in international legal documents. In particular, the lack of a clear definition, conditions, and rules for applying the ex aequo et bono method presents a significant obstacle to its extensive use in international practice. Therefore, appropriate lawmaking work should be undertaken in this area to fill legal gaps. The goal of the scientific article is to study the legal aspects of the ex aequo et bono method and identify the main problems negatively affecting the practice of its application. The results of the research showed the high practical value of the ex aequo et bono method in dispute resolution, especially in modern conditions when the use of flexible means is becoming increasingly relevant. The article aimed to condense, specify and expand legal knowledge about the ex aequo et bono method and may present significant scientific value for lawyers interested in judicial and arbitration practices; legal scholars; practicing judges and arbitrators; parties with unresolved disputes; as well as philosophers researching the relationship between equity and law.

Evaluating the Sustainability of Incentive-based Conservation: A Case Study of the Taungya System in the Mount Elgon Conservation Area, Uganda

This study evaluates the sustainability of the Taungya system, an incentive-based conservation approach implemented in the Mount Elgon Conservation Area, Uganda. The system integrates reforestation with agricultural practices, aiming to balance biodiversity conservation and local community livelihoods. Utilizing a mixed-methods approach, quantitative data from structured surveys of 240 program participants were analyzed using SPSS, while thematic analysis was applied to qualitative insights from key informant interviews. The findings show a 68% increase in vegetation cover, demonstrating the system’s positive environmental impact. However, socio-economic benefits were uneven, with 86% of participants both consuming and selling crops, yet 93% reported that the benefits were insufficient to sustain them year-round. Key challenges included insecure land tenure, limited land size, and restrictions on agricultural practices like pruning and spraying. Despite these obstacles, the Taungya system fostered reforestation and community livelihoods, though unresolved land disputes and wildlife interactions contributed to negative perceptions of conservation efforts. These findings highlight important considerations for improving incentive-based conservation models, including the need for policy reforms that secure land tenure, expand land allocations, and support sustainable agricultural practices. The broader implications suggest that similar models in tropical regions can benefit from incorporating local needs into conservation goals to ensure long-term success.

Major Conflicts Between India and Pakistan: A Critical Analysis of Historical Tensions and Geopolitical Dynamics

Relations between India and Pakistan have remained parallel end and worst hostile as well ever since independence in 1947. In nearly 75 years, there were three wars between the two and a number of serious localized military clashes, including those on Ran of Ketch in 1965, followed by Kargil in 1999.The disputed territory of Kashmir played a significant role to maintain continuity, focusing the past conflicts of 1947 and 1965. As these two countries exploded nuclear weapons in 1998, their long-standing hostility has attracted and seriously concerned by the international community that their competition could rise to a nuclear war and cause disasters to both countries and the world as well. Whereas the Kashmir including some other outstanding issues, such as, water dispute, Sir Creek, Siachen and boundary disputes have also recorded the extreme level of conflicts between the two rivalries. Regionalism has played a significant role in European continent; however, in South Asia hegemonic attitude of India has marginalized the role of regional organizations such as SAARC. The world and south Asia witnessed the changes over two decades after the cold war, the liberalization of world trade, the growth of fundamentalism and revolutionary changes in the field of communications. Recognizing the intensity of the relations, India and Pakistan’s changing regional and international affairs which has drastically impaled to the leaders and governments of both the countries to initiate talks on their outstanding issues. The cross-border talks were an initiative step which attempted to provide a new forum to debate on these substantive issues resulted in the division of the two nations. Keeping in view the cited developments and their influences on the relations between India and Pakistan, some factors remained constant, the unresolved dispute over Kashmir, the growth of military spending, moves towards Nuclearization and perpetuation of an “adversarial psychosis” are still under question. This research has critically analyzed historic rivalry between India and Pakistan. It has also provided viable recommendations that how to contain major irritants between two States especially Kashmir issue and Nuclearization in region. In this research the purposive sampling method is used to justify the given hypothesis and objectives. The date is collected through the secondary data and results are deducted from the analytical approach.

Indo-Nepal Treaty of 1950: A Realist Perspective

The Indo-Nepal Treaty of Peace and Friendship, signed on July 31, 1950, between Nepal and India, was a landmark agreement aimed at fostering strong bilateral relations. The treaty facilitated free movement, residence, and business opportunities across borders, thereby enhancing mutual security and cooperation in the post-colonial South Asian context. Over the years, it has played a crucial role in promoting economic cooperation, defense collaboration, and cultural exchange. However, the treaty has also become a subject of debate due to shifting geopolitical dynamics and internal political shifts. This paper critically explores the treaty's influence on India-Nepal relations, focusing on its contributions to trade, investment, and defense collaboration. Despite these achievements, its relevance is increasingly questioned due to unresolved border disputes, China's growing presence in South Asia, and political instability within Nepal. The analysis suggests that revisiting and revising the treaty's provisions is essential to address these contemporary challenges. Ultimately, the study calls for a pragmatic approach that aligns the treaty with current geopolitical realities, ensuring a resilient and mutually beneficial partnership between India and Nepal. By adopting a realist perspective, this analysis underscores the strategic importance of adapting bilateral agreements to evolving regional dynamics.

Communication Strategy in Handling Land Boundary Disputes at the Land Office of Lhokseumawe City

This research aims to determine the communication strategy used by the Dispute Control and Handling Section of the Lhokseumawe City Land Office in managing land boundary disputes. The main theories and concepts used are communication strategy, organizational communication, and persuasive communication. This research uses a qualitative approach with a case study method, data collected through observation and interviews with employees involved in handling land boundary disputes. The results of this study found that the Lhokseumawe City Land Office uses a caucus process in its communication strategy in handling disputes, in contrast to the more commonly used direct mediation approach. The stages of dispute handling are in accordance with Hafied Cangara's five-step communication planning model. Analysis of the communication dimensions shows that internal communication occurs both vertically and horizontally through meetings, phone calls, and WhatsApp messages, involving reciprocal exchanges between leaders and employees and between employees. External communication involves the office acting as a facilitator during meetings. Persuasive techniques identified include integration, which involves negotiation, and fear induction, which highlights the potential consequences of unresolved disputes. The implications of this research underscore the importance of structured communication planning and strategy in effective dispute management. The findings suggest that other government agencies may benefit from adopting a similar approach. The use of effective persuasive techniques can improve the efficiency of dispute resolution.

Pilbara Interregnum

This visual essay discusses a three-year-long research project that resulted in Pilbara Interregnum: Seven Political Allegories—a multimedia installation by Grandeza Studio (Amaia Sánchez Velasco, Jorge Valiente-Oriol, and Gonzalo Valiente-Oriol) for the 18th Biennale Architettura—The Laboratory of the Future—curated by Lesley Lokko. This transdisciplinary work follows the material, discursive and symbolic traces of violence on and over bodies and territories in the Pilbara—a northern region of Western Australia affected by processes of colonial and neocolonial dispossession. Seven political allegories emerge from seven unresolved territorial disputes and restage the region from a contested resource-extraction site into an epistemological war of political imagination.

A critical analysis of India and Pakistan’s terrorism discourse in the context of geopolitics and imperialism

ABSTRACT Why do India and Pakistan always quarrel over terrorism? The prevailing arguments more often implicate intriguing South Asian geopolitics surrounding the unresolved Kashmir dispute or pathological partition of British India in 1947 to explain this puzzle. Surprisingly, why and how the two countries verbalise terrorism has hardly been investigated in a comparative framework as a potential underpinning of this historical syndrome. This void has deprived South Asia’s existing literature and public and policy debates of an understanding of the underlying determinants of the terrorism discourse. Namely, how has the discourse originated, what are its distinct metaphysics, and how it has shaped and normalised discursive practices at significant moments in the history of these two countries, and with what consequences? This article responds to these broader questions. It argues that among other vital underpinnings, the Indo-Pakistan terrorism discourse, with its origins in colonialism, functions to institute and enable rival practices of exclusionary politics, doublespeak and propaganda. More importantly, it nurtures self-fulfilling concepts of statehood deriving from a constructed “real” reality characterising an imagined geopolitical pathology that, in turn, perpetuates Indo-Pakistan imperialism. In addressing this argument, the paper makes multiple original contributions, including identifying research avenues and indicating various intersecting causes of friction that afford reconciliation possibilities to the stakeholders.

Effects of virtual reality OSCE on nursing students’ education: a study protocol for systematic review and meta-analysis

IntroductionVirtual objective structured clinical examination (OSCE) has been shown to influence the performance of nursing students. However, its specific effects, particularly students’ competence, stress, anxiety, confidence, satisfaction with virtual reality...

Economic cooperation in the Shanghai Cooperation Organization analysis

The Shanghai Cooperation Organization (hereinafter – SCO) was established in 2001 and since then has expanded its membership and scope of activities. The purpose of the study is to analyze the economic aspects of cooperation within the SCO and the existing problems hindering further economic interaction, as well as to identify promising development areas. To achieve this goal the author used general scientific and historical methods that allow us to analyze and evaluate information such as generalization, data analysis and synthesis, method of logical and comparative analysis, comparison and contrast. The current state and prospects of economic cooperation within the SCO have been analyzed. Trade, investments, infrastructure projects, energy, and other areas of interaction have been considered. The SCO economic agenda is aimed at increasing regional trade, improving market access, promoting regional ties, and consolidating the economic potential of member states. However, unresolved territorial disputes between China, India and Pakistan impede the deepening of economic ties. In turn, the recent accession of Iran opens up new opportunities for trade and transportation corridors. Prospects for an SCO free trade zone, joint infrastructure projects, financial cooperation, and high-tech partnerships have been highlighted as strategic goals. In general, further economic integration is in line with the member states’ national interests. Eliminating internal tensions and developing effective communication mechanisms will help strengthen the SCO as an organization and realize its economic potential.

An Empirical Study on the Effects of Disputes on Successful Completion of Construction Projects

Disputes are common in construction projects, demanding significant attention in terms of financial resources, time, and manpower to seek resolutions. Conversely, unresolved disputes can create unfavorable effects on project performance. When project leaders recognize the major consequences of disputes, they can formulate strategies to proactively prevent or alleviate such conflicts. This heightened awareness empowers project teams to swiftly identify and resolve disputes, preventing their adverse consequences on successful project completion. The primary objective of this research is to enhance project management practices by providing insights into the effects of disputes, thereby enabling stakeholders to implement proactive strategies for prevention, mitigation, and effective resolution. Utilizing existing literature published between 2019 and 2023, this study critically analyzes 18 selected journal papers sourced from the ProQuest Central database, all of which have undergone rigorous review. This research identified nine major effects that appear due to disputes in construction projects. Further, cost overrun is identified as the major effect of disputes that can impact negatively in project performance and successful completion. This study further identified research gaps that need future studies.

Dometi meke moći Republike Srbije na postjugoslovenskom prostoru

The states created after the breakup of Yugoslavia, in modern circumstances, continue to cooperate in various socio-political areas, although their mutual relations are largely shaped by a rich history and burdened by events from the end of the 20th century, which often represent an obstacle in fulfilling the full potential of cooperation and mutual influence. Regardless of the obstacles that objectively exist, it is necessary to take into account the similarities between the people of states that emerged from Yugoslavia, which significantly affect the manifestation of soft power. The research is theoretically based on Joseph Nye's concept of soft power. In the methodological sense, the research is based on the scientific method of interview. During the research process, methods of content and discourse analysis, historical methods, as well as induction and deduction methods were used. The basic research question that the authors strive to answer is: What is the perception of the soft power of the Republic of Serbia in the post-Yugoslav area? The paper offers the answer to the question What are the basic obstacles and the most prominent potentials of the soft power of the Republic of Serbia in the post-Yugoslav space? The research results indicate that the countries of the post-Yugoslav area are to a high extent susceptible to the soft power influence of Serbia, which is facilitated by the factors of mutual historical, cultural, and linguistic interconnectedness. However, the findings of the research show that in addition to the factors of mutual connection, which facilitate the influence of the soft power of the Republic of Serbia, other factors tend to weaken the possibility of the influence of Serbia's soft power. The scope of Serbia's soft power in the post-Yugoslav countries is most visible in the sphere of culture, music, films, TV series, and contemporary literature. In addition, Serbia's potential is reflected in its capacity to initiate social, political, and cultural regional initiatives, as well as reconciliation initiatives. The results indicate that Serbia is seen as a regional factor that can influence the expansion of soft power in the post-Yugoslav sphere through economic activity. The biggest obstacles to projecting Serbia's soft power relate to the war legacy from the end of the last century, opposing narratives about controversial historical events, unresolved bilateral disputes, but also prejudices associated with the negative image of Serbia at the time of the breakup of Yugoslavia.

Legal regulation of surrogacy parentage determination in China.

Unlike natural conception and other assisted reproductive technologies, surrogacy involves three crucial factors: family legislation, family ethics, and reproductive technology. This makes the determination of parentage in surrogacy more complex. In China, surrogacy is completely prohibited by law. However, this prohibition has not diminished the interest in discussions around the family ethics, order, and relationships affected by surrogacy. In practice, disputes over parentage and child custody arising from surrogacy urgently need resolution through judicial practice. The current legal framework in China lacks clear regulations to address the complexities of surrogacy, leading to numerous unresolved disputes. To address this issue, it is advisable for China to enact clear legislative measures to govern parent-child relationships in surrogacy cases. This paper presents legislative recommendations for regulating surrogacy in China, with the hope that the judicial interpretations of the Supreme People's Court of China can provide clear legal regulations on surrogacy during revisions.

Węzły pamięci. Kwestia zbrodni katyńskiej w relacjach polsko-rosyjskich

The article focuses on discussing the impact of the conditions regarding the Katyn massacre on the current relations between Warsaw and Moscow. The history of these two countries is characterized by a long and difficult past, which is why numerous unresolved disputes, burdens and myths have arisen and are still visible today, negatively affecting bilateral contacts. In 1989, right after the fall of the communist system in Poland, the new political elites, coordinating the process of democratic changes in our country, made efforts to sort out the controversial threads in the common Polish-Russian history. Without a doubt, the most important of them was the Katyn massacre. For the political elites of the Third Polish Republic, explaining the overall circumstances of those events was the most important goal of diplomatic activities undertaken towards the Kremlin. In Warsaw’s opinion, untangling this knot of memory from the history of relations between the two countries was supposed to help free them from past burdens and negative accumulations and contribute to strengthening friendship in current times. Unfortunately, it quickly turned out that this topic soon became one of the main elements negatively burdening mutual relations.

Peran Pemerintah Desa Dalam Pendaftaran Tanah: Sebuah Perlindungan Hukum Kepada Pemegang Hak Atas Tanah

Land registration is one of the efforts to protect the community's ownership rights over the land they possess. In land registration, the primary starting point is the village government, as all origins of land registration must go through the village government. In carrying out its role, the village government often encounters obstacles that disrupt the land registration process. The purpose of this research is to identify the obstacles faced by the village government in its role in land registration and to determine the efforts needed to enhance the village government's role in land registration. The research method used is a normative juridical approach with a focus on legal regulations, supplemented by interview results. The results of the discussion reveal several obstacles experienced by the village government in carrying out its role in land registration. These obstacles include unresolved land ownership disputes, unclear land boundaries, limited human resources at the village level, and the absence of standardized regulations regarding supporting land registration documents. The efforts required to enhance the village government's role in land registration include conducting public awareness campaigns about the importance of land registration, providing training to village government personnel, and establishing standardized documentation for supporting land registration documents

The Evolution of Russian-Turkish Relations: Ideational Convergence and Pragmatic Cooperation

Moscow-Ankara relations have been experiencing an unprecedented level of partnership simultaneously with a plethora of disputes between the actors. They have managed to continue cooperation without letting the emerging disagreements cause crises similar to the Su-24 Jet incident of 2015. This study examines Russian-Turkish relations since 2016 to expose how this alignment emerged and how the two actors operate in this partnership. After reviewing the literature that highlights the limitations and fragility of the cooperation, the authors shed light on the ideational convergence that allowed the alignment, arguing that it served as the basis of the current pragmatist and personalistic relations. Moreover, four main characteristics of this alignment are explained: 1) risk-aversion as the priority; 2) reliance on personalistic relations between the leaders; 3) focus on resolving issues among themselves instead of including non-regional actors; 4) economic pragmatism. Then, the risks that can potentially cause a collapse of this partnership are discussed, emphasizing the danger caused by the accumulation of unresolved disputes and political uncertainties in bilateral relations. Authors argue that under the current conditions, the partnership is fragile and will be tested by the upcoming challenges

Effects of virtual reality for psychological health of ICU patients: a study protocol for systematic review and meta-analysis

IntroductionVirtual reality (VR) has been shown to have a certain influence on the psychological health of intensive care unit (ICU) patients. However, its specific effects—particularly on psychological health problems, such...

Role of Military Diplomacy in the PRC’s Foreign Policy in the South China Sea

The article is devoted to the peculiarities of military diplomacy as an instrument of China’s foreign policy aimed at achieving the goal of the “great revival of the Chinese nation.” A special role is given to the process of conceptualization of military diplomacy in the foreign policy discourse of the People’s Republic of China (PRC), which allowed the authors to identify the tasks and forms of this means of implementing foreign policy. The close connection of military diplomacy with ensuring the fundamental interests of the People’s Republic of China is noted. A special place is given to the region of Southeast Asia, where the PRC has unresolved disputes over maritime rights and national jurisdiction of offshore facilities and mineral deposits with several states. The authors assess the effectiveness of military diplomacy in bilateral relations with the countries of the region. The theoretical foundation of the work is the neorealist approach, which allows us to evaluate military diplomacy as a set of non-forceful measures aimed at achieving national interests. The authors conclude that the country and regional priorities in China’s military-diplomatic cooperation seem to correspond to the priorities of China’s broader foreign policy. The PRC’s intensive use of military diplomacy in the South China Sea demonstrates China’s growing leadership potential on the world stage and world-building ideas in neighboring regions.

РОЛЬ БЕРЛИНСКОГО ПРОЦЕССА В ПОДГОТОВКЕ К ВСТУПЛЕНИЮ СТРАН ЗАПАДНЫХ БАЛКАН В ЕВРОСОЮЗ (2014-2021 ГГ.)

The article discusses the initiative of the German leadership to bring the socio-economic and political systems of the countries of the Western Balkans (Albania, Bosnia and Herzegovina, Kosovo, Northern Macedonia, Serbia, Montenegro) in line with the Copenhagen criteria for their accession to the European Union. The main tool for the implementation of this initiative was the so-called Berlin Process - a series of annual summits held since 2014, attended by both the countries of the “Balkan six”, as well as representatives of leading European states and officials from the European Commission. The Berlin process, which has a consultative nature, has allowed to intensify the process of the Western Balkans’ accession to the EU, which has essentially been frozen since 2003, thereby supporting the hopes of supporters of further European integration. The negotiation format contributed to the development of a number of joint programs aimed at solving regional (unresolved territorial disputes of the former Yugoslav republics), international (terrorism, extremism, migration crisis), socio-economic (fight against corruption, destroyed infrastructure) and legal (bringing the legislation of the Western Balkan countries in line with European legal norms) problems. The wide range and promptness of the discussion of the issues considered at the Berlin Process summits help to establish a dialogue between the participating countries. Initiated by Germany, bypassing the five-year moratorium on the entry of new members imposed by the European Commission in 2014, the Berlin process has not yet allowed the necessary consensus to be reached on the entry of the “Balkan six” of all EU member states, although it is moving it forward.

The issue of opening transit along the river Neman in the system of Soviet-Polish relations (1921–1931)

The article draws attention to the issue of opening transit along the river the Neman in Soviet-Polish relations 1921–1931. The solution of the issue was complicated by tense Polish-Lithuanian relations due to the unresolved territorial disputes between the parties. Organization of free transit along the river the Neman was important not only for establishing favorable trade relations between Poland and the Soviet state. The political and economic interests of the Soviet republics were significantly complicated by the uncertain status of the Neman: its declaration as an international river from Grodno to the mouth allowed Western states to interfere in the internal affairs of Lithuania and link Poland with Memel, regardless of the implementation of the Hymans plan. The signing of the Riga Peace Treaty and the beginning of the New Economic Policy became the starting point in a gradual process of transition from a real assessment of the international situation, but the foreign policy actions of the Soviet state were, as before, contradictory. The unresolved status of the disputed territories was added, which increased the level of conflict in the region. The nomination of the USSR of new requirements to the Polish leadership on the passage of wood along the river Neman did not lead desired results. Neither the Polish-Lithuanian negotiations in September-October 1925, nor the Soviet-Lithuanian meeting in November-December 1925 changed the case of timber rafting along the Neman.